Russell Baker on Spygate: Just the Facts So let's talk about facts. And keep the discussion on them. What exactly was the problem with the prior set-up whereby the administration had to clear domestic eavesdropping cases with a special Foreign Intelligence Surveillance Court within 72 hours of launching said surveillance? In other words, the government can eavesdrop first and get a warrant retroactively. Under what conditions was that not sufficient to guard our national security? Read It: